E-Discovery & Records Management Teleconference Series: International Discovery and Privacy

Thursday, April 30, 2009

When responding to discovery requests in proceedings before US courts, it is frequently necessary to seek disclosure of documents located in Europe. When doing so, however, insufficient attention is often given to European privacy laws and the way in which those laws can affect a party's entitlement to retain, collate and transfer to the US any records that carry personal data. Litigants that breach these rules risk fines, enforcement action by the relevant data commissioner, civil actions for damages by any affected person and, by no means least, significant reputational damage.

Authors of "International Electronic Discovery Issues," a chapter of Mayer Brown's recently published Electronic Discovery Deskbook (PLI, 2009), will explain the potential pitfalls for the unwary and the issues that must be addressed when considering how to respond to US discovery requests that extend to data located in Europe, including:

  • The restrictions imposed by the European data protection regime
  • The grounds upon which personal data can be transferred, and limitations to the allowance of such transfer
  • How redaction, filtering and culling may assist compliance with the Data Protection rules

Matthew D. Ingber
Edmund Sautter

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